Govt: Only recommended early release of Rajiv convicts
Guv Deciding Authority, State Tells HC
TIMES NEWS NETWORK
Chennai:13.02.2020
The state government on Wednesday clarified to the Madras high court that it has only recommended the release of all seven life convicts in former Prime Minister Rajiv Gandhi assassination case as it lacks power to order such release.
“The state cabinet has only made a recommendation to the governor. The governor has to take a decision. He cannot be questioned by the state for not acting on its recommendation,” public prosecutor A Natarajan said.
The prosecutor made the submission on a plea moved by Nalini Sriharan, one of the convicts, seeking to declare her detention as illegal since the governor has failed to order her release based on the recommendation of the state cabinet dated September 9, 2018.
When the plea moved as a habeas corpus plea came up for hearing before a division bench of R Subbiah and R Pongiappan, the court directed the prosecutor to file the reply as an affidavit by February 18 as to whether Nalini’s imprisonment after the state’s recommendation for release would amount to illegal detention.
According to the petitioner, as per the Supreme Court judgment in Maru Rams case, the advice of the state government under Article 161 of the Constitution would be binding on the head of the state the governor. She contended that as the power under Article 161 (power of the governor to grant pardons and suspend, remit or commute sentences in certain cases) has already been exercised by the government of Tamil Nadu, the governor has no discretion but to act on the advice of the council of ministers. Since she has not been released as per the advice of the council of ministers, the continuous detention was illegal and violative of Article 14 and 21of the Constitution, she claimed.
Behind the bars for more than 27 years, Nalini is the longest serving woman prisoner in the country.
Guv Deciding Authority, State Tells HC
TIMES NEWS NETWORK
Chennai:13.02.2020
The state government on Wednesday clarified to the Madras high court that it has only recommended the release of all seven life convicts in former Prime Minister Rajiv Gandhi assassination case as it lacks power to order such release.
“The state cabinet has only made a recommendation to the governor. The governor has to take a decision. He cannot be questioned by the state for not acting on its recommendation,” public prosecutor A Natarajan said.
The prosecutor made the submission on a plea moved by Nalini Sriharan, one of the convicts, seeking to declare her detention as illegal since the governor has failed to order her release based on the recommendation of the state cabinet dated September 9, 2018.
When the plea moved as a habeas corpus plea came up for hearing before a division bench of R Subbiah and R Pongiappan, the court directed the prosecutor to file the reply as an affidavit by February 18 as to whether Nalini’s imprisonment after the state’s recommendation for release would amount to illegal detention.
According to the petitioner, as per the Supreme Court judgment in Maru Rams case, the advice of the state government under Article 161 of the Constitution would be binding on the head of the state the governor. She contended that as the power under Article 161 (power of the governor to grant pardons and suspend, remit or commute sentences in certain cases) has already been exercised by the government of Tamil Nadu, the governor has no discretion but to act on the advice of the council of ministers. Since she has not been released as per the advice of the council of ministers, the continuous detention was illegal and violative of Article 14 and 21of the Constitution, she claimed.
Behind the bars for more than 27 years, Nalini is the longest serving woman prisoner in the country.
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